WP(C) NO. 11930 OF 2025 1 2025:KER:26974 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 11930 OF 2025 PETITIONER/S: SANIL C.S., AGED 37 YEARS S/O. SATHIAN, CHIRATTAPPURAKKAL (H), KAIPAMANGALAM P.O., KODUGALLOOR, THRISSUR, PIN - 680681 BY ADVS. T.S.ABDUL KHADER SHAHIM BIN AZIZ KAVYA S.A. MUHAMMED SHAFI K. MOHAMMED SHAFI.K NASEEBA K.T. RESPONDENT/S: THE KERALA STATE CO-OPERATIVE BANK LIMITED, REPRESENTED ITS MANAGER, PERINJANAM BRANCH, PERINJANAM P.O., THRISSUR, PIN - 680686 OTHER PRESENT: SRI. K.S.ARUNKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11930 OF 2025 2 2025:KER:26974 JUDGMENT The petitioner has approached this Court challenging proceedings under the SARFAESI Act which have been initiated by the respondent bank for recovery of the amounts due from the petitioner. 2. During the course of hearing, petitioner has confined the relief to an opportunity for repaying the overdue amount in instalments and to obtain regularisation of the loan account. 3. It is submitted on behalf of the respondent bank that the petitioner committed default in repayment of a loan and the total overdue amount as on 24.03.2025 is Rs.9,79,922/-. It is further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent bank is willing to accept repayment of the overdue amount in limited instalments and regularise the loan account. 4. Having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the total overdue on condition that Rs.100,000/- shall be paid on or before 04.04.2025 and the balance amount shall be paid in 12 equal monthly WP(C) NO. 11930 OF 2025 3 2025:KER:26974 instalments, the first of which shall be paid on or before 05.05.2025 and the subsequent instalments shall be paid on the 5th day of every succeeding months and thereafter, if the amount so directed is repaid within the time as directed above, to have the loan account regularised. 5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.9,79,922/- along with any accrued interest, costs and charges from the petitioner and regularise the loan account of the petitioner in the following manner: i. The petitioner shall pay a sum of Rs.100,000/- on or before 04.04.2025; the balance overdue amount along with any accrued interest, costs and charges shall be repaid in 12 equal monthly instalments; ii. The first instalment shall be paid on or before 05.05.2025 and the subsequent instalments shall be paid on or before the 5th day of every succeeding months; iii. Petitioner shall continue to pay the regular EMI’s/instalments along with the instalments directed above; iv. In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law; WP(C) NO. 11930 OF 2025 4 2025:KER:26974 v. In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance. The writ petition is disposed of as above. sd/- GOPINATH P. JUDGE Nsd WP(C) NO. 11930 OF 2025 5 2025:KER:26974 APPENDIX OF WP(C) 11930/2025 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF DEMAND NOTICE DATED 03.07.2019 ISSUED BY THE RESPONDENT BANK Exhibit-P2 A TRUE COPY OF THE COMMISSION NOTICE DATED 17.02.2025, ISSUED BY THE ADVOCATE COMMISSIONER.